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1. The Defendant (Counterclaim Plaintiff) paid KRW 14,058,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 1, 2012 to May 28, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a company that mainly aims at the construction business, and the Defendant is the owner and executor of the construction project who newly constructs gold Damon hotel on the ground level, 620-3, 620-9, 620-10, 620-12, 620-13, and 620-14 (hereinafter “instant land”).
B. On December 20, 2010, the Defendant obtained approval of the business plan for tourist accommodation business (revision to tourist hotel), and based on such approval, obtained a construction permission on February 7, 201 on the basis thereof. On January 18, 2012, the Defendant was selected as a business entity eligible for loans from the Tourism Development and Development Fund in the first half of the year of 2012, and was able to receive loans from the Tourism and Development Fund in the second half of the year of 2012, each of which was designated as a business entity eligible for loans from the Tourism and Development Fund in the second half of the year of 2012, and was allocated 4 billion won in the first half of the year and 3.1 billion won in the second half of the year.
C. On July 18, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to newly construct gold Damon hotel on the instant land (hereinafter “instant construction”).
The main contents of the instant contract are as follows.
Location: 16,50,000,000 (contract price of KRW 15,00,000,000, value-added tax of KRW 1,500,000): 10% of the contract amount per day: 0.1% of the contract amount per delay, while the special terms and conditions stipulated in the instant contract are as follows:
Article 2 [Business of allocating Tourism Promotion and Development Fund for securing construction cost] ① With respect to the Tourism Promotion and Development Fund and tourism accommodation construction fund allocated by the Defendant to secure construction cost, the Plaintiff as a contractor shall complete the responsibility as the contractor, and the guarantee for payment or security by one financial institution which is recognized by the Fund Loan Bank for the amount equivalent to the contract price.